National Assembly Speaker Raja Pervaiz Ashraf on Wednesday wrote a letter addressed to Chief Justice of Pakistan (CJP) Umar Ata Bandial to apprise him of the “profound concerns” of lawmakers over recent Supreme Court orders and remarks by judges that have been construed as “encroachment” on Parliament’s domain.
The five-page letter, available on the social media accounts of the National Assembly, stresses that the Supreme Court must “as far as possible, avoid getting involved in political thicket.” The resolution of political matters, it added, was best left to Parliament and political parties. “I, on behalf of the National Assembly of Pakistan, urge the Honorable Chief Justice and Judges of the Supreme Court, individually and collectively, to exercise restraint and respect the legislative domain of the Parliament,” wrote Ashraf, adding all institutions must work together to uphold the Constitution, protect democratic values, and work within their respective constitutional domains to avoid any confrontation.
Stressing that recent court orders and remarks by some judges were being perceived by Parliament as encroachment upon two “core constitutional functions”—lawmaking and power of the purse—he drew the CJP’s attention to various articles of the Constitution, which exclusively grant lawmakers powers related to the money bill and approval of expenditures from the Federal Consolidated Fund. “I write to convey the profound concern and deep unease of the NA with the orders passed by a 3-member SC bench on April 14 and 19 directing the State Bank of Pakistan and Finance Division to allocate/release Rs. 21 billion to the Election Commission of Pakistan (ECP)” as “these orders have been passed notwithstanding that such release has expressly been forbidden by the NA,” he added.
“It is sadly noted that the 3-member bench’s orders have completely disregarded the constitutional process and the prerogative of the Assembly with respect to financial matters,” wrote the speaker, reiterating that the Supreme Court had ignored the National Assembly’s resolution and rejection of a bill seeking allocations for election funds and the recommendation of the National Assembly finance committee. It said that while courts had the power to interpret the Constitution, they did not have the authority to rewrite the Constitution—a likely reference to the court’s controversial interpretation of Article 63A—or undermine Parliament’s sovereignty.
Referring to reported remarks of judges in which they had stated that the rejection of the funds by the National Assembly constituted a loss of confidence in the federal government or the prime minister, he added: “I am also to convey to you the sense of the House that an unnecessary confrontation, deeply damaging to the national interest, is being created by the repeated orders to release funds to the ECP.”
He wrote that the bench seemed to be in a hurry giving unusual directions to the federal government to authorize the expenditure of Rs. 21 billion from the Federal Consolidated Fund and then present it as fait accompli to the National Assembly. The ex-post facto rejection of this amount by the Lower House, which would most certainly happen, would make this authorization, albeit on court orders, unconstitutional and would surely lead to untoward consequences for the federal government, the letter stressed.
“The National Assembly notes with great concern that despite knowing the consequences and effects of such prior authorization, which will be rejected by the National Assembly when presented for ex-post facto approval, the 3-member Bench of the Supreme Court has threatened the Federal Government of ‘serious consequences’ for not authorizing the expenditure of Rs. 21 billion,” he added. He also clarified that the NA would approve funds for polls in the next budget.
Earlier, in an address at the National Assembly, Finance Minister Ishaq Dar accused PTI Chairman Imran Khan of dissolving the Punjab and KP assemblies to spread “anarchy” in the country. Noting that his ministry could not release any funds without following required procedures, he said the government had followed the law in placing the request before the cabinet and Parliament, with both rejecting it.
Stressing that Article 63A of the Constitution was rewritten for the Punjab Assembly, Dar said the world “is surprised over the new interpretation” of the article. “What was the sin of the 25 members whose vote was not counted?” he asked, slamming “elements” responsible for derailing Pakistan’s economy.
“What will happen if the elections happen in the country in October?” he questioned, maintaining that the government would not violate the Constitution on court orders.